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shalini mishra (housewife)     10 November 2014

Wife reopen case after 3 years

Sir/Madam,

Wife filed a dowry case under 498a/313/323/504/506 & 3/4 DP Act on 17/09/11 in Kasgaj against all of my family members. On 02/10/11 she took it back by giving her own signed affidavit. police submitted an FR and Xpunz report to ACJM court on 07/10/11. since this time she is living in her parents' house and working there.

Now on 16/05/14 she filed an protest petition to ACJM court judge gave her a date 04/08/14 and took her and witnesses statement under 200/202 crpc.

judge file a case under 498a & 3/4 DPA only.Me and my mother was summoned only & all other acts and members was deleted by Judge.

What should i do to release me and my mother from this fraud case?

  1. should me go to session court againest summoning?and from here what is the probability that we both will be discharged?

please help me what should i do in future?



Learning

 4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2014

Whether the summoning order can be challanged or not, depends upon the material which exist on the case file.

 

In the instant case; you were not advised properly; because the complainant should have given a no objection for the Final Report that police filed.

 

Now, in all probability you would need to contest the case; as it seems that by altering the sections; the court has applied its mind before summoning.

 

Regards,
1 Like

shalini mishra (housewife)     11 November 2014

Respected Shonee Sir,

Can i apply against it because wife never attend the court since last 3 years while she is living n working in the same city.

n sir uder sec 200/202 crpc statement of wife and pw1,pw2 are different different. All made blame on different peoples in my family.

One most importat thing is her parents did not become PWs.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2014

You can always go in revision. However, how successful it would be can not be said w/o looking at the documents.

 

 

Regards,
1 Like

shalini mishra (housewife)     17 November 2014

Respected Shonee sir,

I have filed revision on session court one week before from hearing date in ACJM court. how much time it will take for decision? 

OR 

for how much time it can be delayed in session court? (to delay the case in ACJM court)


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